Section 226.700  General

a)         Each school district, independently or in cooperation with other districts, shall provide a comprehensive program of special education for children with disabilities who are from three through 21 years of age (or, if a child reaches the age of 22 during the school year, then 22 years of age) and who are resident in the district.  A "comprehensive program" is one that includes:

1)         A viable organizational and financial structure;

2)         Systematic procedures for identifying and evaluating the need for special education and related services;

3)         A continuum of appropriate alternative placements available to meet the needs of children for special education and related services (see Section 226.300);

4)         Qualified personnel who are employed in sufficient number to provide:

A)        Administration of the program;

B)        Supervisory services;

C)        Instructional and resource services;

D)        Related services; and

E)        Transportation services;

5)         Appropriate and adequate facilities, equipment and materials;

6)         Functional relationships with public and private agencies that can supplement or enhance the special education services of the public schools;

7)         Interaction with parents and other concerned persons that facilitates the educational development of children with disabilities;

8)         Procedures for internal evaluation of the special education services provided; and

9)         Continuous planning for program growth and improvement based on internal and external evaluation.

b)         The school district is the primary agent for the delivery of special education services.  Districts may carry out their obligations with regard to special education by forming cooperatives or joint agreements. These entities are:

1)         Authorized by State law to develop, manage, and provide services or programs on behalf of school districts;

2)         Recognized as agencies for purposes of the provision of special education and related services provided within public elementary and secondary schools of the State;

3)         Considered as service agents of the participating districts; and

4)         Directed by, and responsible to, all the participating local districts.

c)         Special education and related services that would not comply with specific requirements of this Part shall require written approval from the State Board of Education prior to their implementation.  A district's request for approval shall be submitted in writing to the State Board and shall include a description of the district's proposal.  In determining whether to approve such a request, the State Board's staff shall consider whether the proposed program or service will compromise students' educational opportunity or prevent the full implementation of any student's IEP, in light of such factors as the students' disabilities and the proposed class size, staff qualifications, physical plant and evaluation plan.  Denial of such a request may be appealed to the State Superintendent of Education.

(Source:  Amended at 46 Ill. Reg. 6453, effective April 11, 2022)